How much do you have to drink (BAC*) for a DUI in Mississippi?

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Mississippi?

Mississippi has an implied consent law. That means that if
you refuse to submit to a chemical test you will be subject to a fine and
automatic license suspension. Learn
more about Mississippi’s implied consent law.

1st
Offense

2nd Offense

3rd
Offense

Refusal to take
test

90 day license suspension

If first offense was a DUI: 1 year suspension of license. If
first offense was a refusal to take test: 90 day license suspension.

If first or second offense was a DUI: 1 year suspension of
license.

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Mississippi?

No, a plea bargain for a conviction of "wet
reckless" (reckless driving involving alcohol) is barred by statute in Mississippi.

Drinking and Driving Laws in Mississippi

The State of Mississippi prohibits the operation of a
motor vehicle by a driver with a .08 percentage or above blood alcohol
concentration (BAC). The .08 limit is the standard measurement for the
"impaired" driver across the United States. Mississippi has lower BAC
limits for drivers under the age of 21, and commercial drivers. In
addition to alcohol, the Mississippi law also covers drugs and other
controlled substances.

How many drinks does it take to reach the legal limit in Mississippi? This question is often asked by drivers that would like to know how
many drinks they can consume before they are considered legally drunk.
There are calculators and charts
that can serve as a reference, however these devices cannot predict
with 100% accuracy, all of the variables that contribute to your BAC
score.

The best answer is not to drink and drive.
The State of Mississippi has strict laws for drunk driving, and when
you drink and drive in Mississippi, you risk your freedom, finances and
your future.

The first drunk driving
conviction you receive in the State of Mississippi will cost you a $250
to $1,000 fine or you may be imprisoned up to 48 hours in jail or both.
You will also be ordered to attend and complete an alcohol safety
program or attend a victim impact panel or both. Your drivers license
will be suspended for a minimum of 90 days and until you attend and
successfully complete a alcohol safety education program.

Your
second DUI committed within 5 years of the first you will be fined a
minimum of $600 up to $1,500. You will also serve a minimum of 5 days
up to 1 year in jail and be ordered to do community service work for no
less than 10 days up to 1 year. Your drivers license will be suspended
for 3 years. You will also receive notice, by mail, that any subsequent
convictions will bring the possibility of forfeiture of your vehicle.

Your
3rd drunk driving conviction in the State of Mississippi will be
considered a felony. You will be fined a minimum of $2,000 up to
$5,000. You will also serve a minimum 1 year and up to 5 years in the
custody of the Mississippi Department of Corrections. Provided there
was no injury associated with the conviction, the felon may serve the 1
year in Jail instead of the State Penitentiary. There will be no
allowance for the court to provide a sentence reduction. Any driver
receiving a 3rd subsequent violation will have their vehicle forfeited
and their drivers license will be suspended for 5 years.